Trainor et al v. Gebke et al

Filing 31

IT IS ORDERED that KEVEREZ TANZY is DISMISSED as a co-Plaintiff in this action, for failure to comply with an order of this Court. IT IS FURTHER ORDERED that Tanzy's motions for leave to proceed IFP (Docs. 6, 25, and 28) are DENIED. Despite his dismissal from the action, Tanzy's filing fee shall remain due and payable. Signed by Judge David R. Herndon on 10/26/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY TRAINOR, # B-51552,
MICHAEL TURNER, # K-51650,
and KEVEREZ TANZY, # B-76690,
Plaintiffs,
v.

No. 17-cv-00627-DRH

LARRY GEBKE,
ROBERT C. MUELLER,
MONICA CHRISTIANSON,
and OFFICER ROVENSTEIN,
Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
This matter is before the Court for a status review.

On September 26,

2017, the Court ordered co-Plaintiff Tanzy, who was released from prison after
this action was filed, to provide a copy of his prisoner trust fund statement from
Centralia Correctional Center, for the period from Dec. 14, 2016 - June 14, 2017
(representing the 6-month period before this joint action was filed). (Doc. 29).
Tanzy was provided with another blank form for the prison trust fund officer to
certify his trust fund statement. The September 26, 2017, order represented the
fourth time that Tanzy was notified of the requirement to provide his trust fund
statement, which is necessary for the Court to determine whether he is entitled to
proceed in forma pauperis (”IFP”) in this case, and to calculate the amount of his
initial partial filing fee payment. See 28 U.S.C. § 1915(a)(2); (b)(1). Tanzy was

warned that if he failed to submit the trust fund statement by October 16, 2017,
he would be dismissed from this action for failure to comply with an order of this
Court. See FED. R. CIV. P. 41(b).
Plaintiff’s October 16 deadline to submit the trust fund statement has come
and gone, and he has failed to respond in any way.
IT IS THEREFORE ORDERED that KEVEREZ TANZY is DISMISSED as
a co-Plaintiff in this action, for failure to comply with an order of this Court. FED.
R. CIV. P. 41(b).
IT IS FURTHER ORDERED that Tanzy’s motions for leave to proceed IFP
(Docs. 6, 25, and 28) are DENIED.
Despite his dismissal from the action, Tanzy’s filing fee shall remain due
and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 46768 (7th Cir. 1998); Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997).
The Clerk is DIRECTED to send a copy of this order to Trainor, Turner,
and Tanzy.
IT IS SO ORDERED.

Digitally signed by
Judge David R. Herndon
Date: 2017.10.26
14:29:39 -05'00'
UNITED STATES DISTRICT JUDGE